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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Mansoor Ali – Appellant
Versus
State of HP – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for seeking regular bail in FIR No. 10 of 2025, dated 18.1.2025, registered at Police Station, Puruwala, District Sirmour, H.P., for the commission of an offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
2. It has been asserted that, as per the prosecution's story, the police apprehended the petitioner when they were on patrolling duty on 18.1.2025 based on secret information and recovered 12.5 grams of heroin. The petitioner was arrested on the same day. The allegations against the petitioner are false. The prosecution has failed to complete the evidence, which is violative of the petitioner’s right to a speedy trial. Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.
3. The petition is opposed by filing a status report asserting that the police were on patrolling duty on 18.01.2025. They received a secret information at 2:15 pm that Mansoor Ali (the present petitioner) was selling heroin, and a huge quantity of heroin could be recovered during his search. The police reduced the information into writing and sent it
Successive NDPS bail granted despite prior dismissal due to over one-year pre-trial detention violating speedy trial right under Article 21, intermediate quantity, and despite antecedents.
Prolonged incarceration and trial delay in NDPS case with intermediate quantity constitute change in circumstances for successive bail, enforcing speedy trial right under Article 21 despite prior rej....
Successive bail in NDPS intermediate quantity case granted due to Article 21 speedy trial violation from long incarceration and trial delay, despite prior rejection and antecedents.
In NDPS cases with intermediate contraband quantity, over one-year incarceration and trial delay violate Article 21 speedy trial right, entitling bail despite antecedents as State cannot oppose on cr....
Successive NDPS bail applications allowed on change in circumstances like trial delay infringing speedy trial right under Article 21, overriding offence seriousness and antecedents for grant of bail.
Prolonged trial delay in NDPS intermediate quantity case violates speedy trial right under Article 21, constituting change in circumstances for successive bail despite prior rejections and antecedent....
The right to a speedy trial is fundamental, and prolonged detention without trial justifies bail, even with prior convictions.
Prolonged pre-trial detention without expeditious trial violates Article 21, entitling accused to bail despite prior rejection, if material trial delays or changed circumstances exist.
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